Restoring the benefit of the bargainBy Samuel H. LevineCommercial Banking, Collections, and Bankruptcy, July 2017Is a lender entitled to default interest, late fees and other default penalties in a reorganization plan proposed by its borrower? Recent case law says “yes.”
A review of Carle Foundation v. Cunningham TownshipBy Keith StaatsState and Local Taxation, April 2017Depending on the outcome of this case in the circuit court, the appellate court and Supreme Court may finally reach the issue of the constitutionality of the Illinois charitable hospital property tax exemption.
Revisiting long-arm jurisdiction: Kowal v. Westchester Wheels, Inc.By Sara M. DavisCivil Practice and Procedure, November 2017The Kowal decision provides litigants with a concise overview of specific jurisdiction in the context of a products liability case. It is a useful opinion providing direction on the elements necessary to meet or defeat specific jurisdiction.
Revisiting the Chicago Declaration on the Rights of Older PersonsBy Mark E. WojcikLocal Government Law, November 2017The Chicago Declaration was intended to protect the rights of older persons in various areas, including autonomy and independence, participation in decision-making processes, and freedom of choice.
Revisiting the Chicago Declaration on the Rights of Older PersonsBy Mark E. WojcikInternational and Immigration Law, October 2017The Chicago Declaration was intended to protect the rights of older persons in various areas, including autonomy and independence, participation in decision-making processes, and freedom of choice.
The risks of using legal forms without attorney guidance… Episode # 37By Michael J. MaslankaReal Estate Law, April 2017If your clients ever ask if they can just prepare a form, you can honestly say that they can but that they do so at their own risk, and the cost of an attorney's fee to prepare the form for her or him is likely going to be a lot less than the fee for fixing a mistake that the do-it-yourself form may produce.
The role of the office managerBy Kerry M. LavelleLaw Office Management and Economics, Standing Committee on, December 2017The office manager needs to be an extension of the managing partner. His or her job is to serve as an absolute support mechanism and system for the managing partner.
Rule 502: Something Illinois litigants can learn from federal courtsBy Eli Litoff, Kelly Warner, & Edward CasmereBench and Bar, May 2017Rule 502 sets forth several significant provisions – including 502(d) – which can be implemented by the courts and parties to proactively address production and protection of privileged material.
A ruse by any other name: Normalizing trademark infringement by domain name sabotageBy Phillip R. Van NessIntellectual Property, September 2017Increasingly, Internet domain names orchestrate trademark collision and confusion. Law firms O’Keefe Lyons & Hynes LLC v. O’Keefe Law Firm Ltd. Discovered the disharmony. The elaborate dispute resolution process adopted by ICANN might sometimes be a sham, losing trademarks their vitality.
Sanctuary citiesBy Pat LordGovernment Lawyers, May 2017In response to the extraordinary events that have taken place since President Trump took office, counties, cities, and villages across the country are evaluating whether to take official action to designate themselves as a Sanctuary City and wondering if they do whether they’ll lose federal funding.
Sandoz v. Amgen: Biosimilars arrive at the Supreme CourtBy Steven L. Baron & Michael J. WeilIntellectual Property, June 2017“Biologics” are made from living cells, typically engineered bacterium or yeast. Unlike small-molecule drugs, like Ibuprofen, which are made from chemicals in a duplicate process, biologics, made from living material, are dynamic, and extremely effective treting many diseases. The 2010 Biologics Price Competition and Innovation Act (BPCIA) permits drug manufacturers to product biosimilars that are “highly similar” to a reference product. In Sandoz v. Amgen the US Supreme Court will deal with the mandated 180 day waiting period and patent infringement allegation.
Sandoz v. Amgen: The Supreme Court makes its first decision on biosimilarsBy Michael J. Weil & Steven L. BaronIntellectual Property, September 2017In its first major biosimilar case, Sandoz v. Amgen, the US Supreme Court held that under federal law the BPCIA's provision requiring applicant (Sandoz) to provide sponsor (Amgen) with its application and manufacturing information could not be enforced by injunction; that applicant’s failure to provide the information was a question of state law; and that an applicant (Sandoz) is not required to wait until the FDA licenses its biosimilar to provide notice of commercial marketing to the sponsor (Amgen). The decision eliminates at least 180 days of exclusivity from brand name biologics.
Saudi Arabia: Final step towards Regional Trademark LawInternational and Immigration Law, March 2017The Cooperation Council for the Arab States of the Gulf (GCC) Trademark Law, unlike the GCC Patent Law, is a unifying, not a unitary law.It stipulates a set of uniform provisions for all GCC countries, but does not offer a unitary registration system. New GCC Trademark Law and Implementing Regulations were published in the Saudi Official Gazette 1 July 2016, and are expected to become effective 90 days thereafter.
Saving multi-employer pension plansBy Douglas A. DarchEmployee Benefits, September 2017Multi-employer pension plans can be saved and deserve to be saved.
Say goodbye to boilerplate objections and responses to discovery requestsBy George S. Bellas & Misty J. CyganCivil Practice and Procedure, May 2017For many attorneys and law firms it is standard practice to object to most, if not all, discovery requests with the boilerplate language that a request is overly broad or unduly burdensome. This practice necessitates more meet and confer conferences and motions to compel resulting additional costs to litigate. The 2015 amendments to Rule 34 were intended to curtail this type of practice. However, up until recently judges have been dillydallying in enforcing the new rule.
SCOTUS upholds affirmative action program at University of Texas at AustinBy Khara ColemanRacial and Ethnic Minorities and the Law, January 2017The striking contrast in Fisher v. University of Texas at Austin between the manner in which the majority and the dissent view the consideration of race as a factor in admissions is alarmingly difficult to reconcile with the notion of an America that has—or can—come to terms with a history of legally sanctioned racism.
Section Council travels to Deere & CompanyBy Jeffrey A. MolletAgricultural Law, January 2017The ISBA Agricultural Law Section Council recently met at the World Headquarters of Deere & Company in Moline, Illinois, to both address ISBA business and to gain further insight into the current state of agriculture from a new perspective.
Section stances on significant legislationLocal Government Law, March 2017See what positions the Section has taken on a variety of bills in the Illinois General Assembly.
A senior woman’s travel through IranBy Eugenia C. HunterSenior Lawyers, October 2017Late last year, author Eugenia Hunter was invited to join a small group of women for a cultural trip to Iran.
Sentence reduction legislation leaves defendants in limbo: What’s a defendant to do?By Steve BakerCriminal Justice, September 2017Practitioners must carefully determine if their client’s offense is affected by the changes in the legislation and if so, opt under the Statute on Statutes for their client to be sentenced to the reduced sentence.
Service of process and adequacy of notice in administrative casesBy William A. PriceAdministrative Law, June 2017The Illinois Supreme Court has only issued one administrative review law decision so far in 2017-- Stone St. Partners, LLC v. City of Chicago Dep’t of Admin. Hearings-- but it raises significant practice issues for agencies and practitioners.
Service of process on corporations and limited liability companiesBy Joel L. ChupackCivil Practice and Procedure, July 2017There are two significant differences in service on a corporation as opposed to a limited liability company. One of these differences is during the entity’s existence. The other is after its dissolution.
Sessions v. Morales-Santana: Gender-based classifications in the Immigration and Nationality Act struck down by the U.S. Supreme CourtBy Robert HeuerInternational and Immigration Law, November 2017On June 12, 2017, the Supreme Court issued a ruling in furtherance of gender equality, striking down as violative of the Fifth Amendment’s equal protection guarantee a provision of the Immigration and Nationality Act (8 U.S.C. § 1401 et seq.) that treated unmarried men and women differently in their ability to transmit U.S. citizenship to their children born abroad.
Sessions v. Morales-Santana: Gender-based classifications in the Immigration and Nationality Act struck down by the U.S. Supreme CourtBy Robert HeuerHuman and Civil Rights, September 2017On June 12, 2017, the Supreme Court issued a ruling in furtherance of gender equality, striking down as violative of the Fifth Amendment’s equal protection guarantee a provision of the Immigration and Nationality Act (8 U.S.C. § 1401 et seq.) that treated unmarried men and women differently in their ability to transmit U.S. citizenship to their children born abroad.
Settling parties (with attorneys) beware!By Michael J. MaslankaSenior Lawyers, February 2017The recent opinion in Williams v. Office of the Chief Judge of Cook County, Illinois and Michael Rohan, contains a portion which this author-- and likely others--will find disturbing.
